This is the most basic question there is on probates, but I keep getting the question so I guess is needs to be answered.
The answer is : When the home has not been placed in a trust by the owner. It is that simple. It is not a question of is there a will or no will, it has nothing to do with the value of the estate, and it has nothing to do with whether the heirs are on good terms or can not agree on anything.
If a person, or people own a home, have a trust, and put their home in that trust, then when they die, the home is inherited by whom ever they have designated as their successive trustees.
If those same people do not set up a living trust then whether they have a will or not, the estate needs to go through probate court in order to be sold or distributed to the heir or heirs.
If you have any questions about trust or probate sales in Santa Clara or San Mateo Counties please feel free to contact me.
Marcy Moyer
Keller Williams Realty
marcy@marcymoyer.com
650-619-9285
D.R.E. 01191194
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Short Sales and Trust and Probate Sales
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